That's what happens under the law if an uncontrolled rocket damages something.

A 25-tonne rocket the size of a blue whale is heading for Earth, and nobody really knows what's going to happen next.

On April 29, China launched Tianhe, the base module of its new space station, on a 5B Long March spacecraft. Although the launch succeeded in sending Tianhe to its intended destination, the 30-meter-long (100-foot) core is now tumbling toward Earth. It is not clear whether the rocket tried and failed to safely disassemble itself, or whether it even had the capacity to do so, to begin with.

Without surprise, many space experts have tried to understand when and where the rocket will fall. Current forecasts suggest an uncontrolled re-entry somewhere as far north as New York and as far south as New Zealand between May 8th and 10th. This is somewhat ambiguous.

However, despite everything, there is no reason to panic. Pieces of the nucleus will likely find their way into the ocean since it covers most of the planet. However, what happens if rocket debris causes damage or damage? Space attorneys say that there is a legal precedent for China to face the consequences, but as with everything in world politics, the reality is much, much messier.

Is space litter illegal?

Technically, no. There is no law against rockets crashing onto the face of the Earth. But there are rules around who is responsible for damage or injury from space waste.

According to Christopher Johnson, Spatial Law Advisor at the Secure World Foundation, two key articles explain this situation: the 1967 Outer Space Treaty and the 1972 Space Liability Convention. The Outer Space Treaty defines what international players are legally allowed to do in space, and the Liability Convention elaborates on who’s responsible for space objects that cause damage or harm.

“Liability for damage is not a finding that the state has somehow broken the law, but merely that it is answerable for the damage that results,” Johnson says, “and that a binding duty to pay compensation for that damage now exists for that state.”

Many countries, including the United States, a large part of Europe and China, have agreed to the terms of the Accountability Convention. This means that hypothetically, if part of this particular Long March 5B rocket caused damage in one of the countries signed onto the Liability Convention, that country could choose to invoke it and hold China financially responsible. It's all academic; it's not really that simple.

Michael Listner, founder and director of Space Law & Policy Solutions, declares that invocation of the Liability Convention is a political decision rather than a legal one.

“There could be a smoking big crater in your territory that causes a lot of damage,” Listner says, “But if it’s a policy decision not to invoke it, nothing would be done.”

In short, there are a host of reasons why a country would (or wouldn’t) choose to invoke the Liability Convention against an enemy (or ally), but at its core, citing the Liability Convention is a power play.

Has anybody used the Accountability Convention before?

Yes, exactly once in over 40 years.

In 1978, the Soviet reconnaissance satellite Kosmos 954 carried out an uncontrolled re-entry into the terrestrial atmosphere. Debris eventually crashed into the Northwest Territories, dumping toxic waste in the soil. The Government of Canada decided to use the Liability Convention to make the USSR the USSR. pay damages in return. Initially, Soviet officials denied the wrong satellite was theirs, but after negotiating, they agreed to pay $6 million Canadian. It is not known if full payment has already been made.

So if a piece of rocket goes down in my house, can I file a claim under the Liability Convention?

You can't do that. If a country decides to invoke the Convention on Responsibility, all negotiations would take place directly between embassies. Even the UN would not be involved.

That said, different countries have different rules to deal with the damage to private property caused by some of their own spatial objects. In the United States, if a government-owned rocket crashed into an individual's living room, the owner could theoretically sue the government under what is known as the Federal Torts Claim Act (FTCA). The FTCA is pretty complicated, but in this case, it would allow an individual to sue the United States. government. To be compensated, the complainant would have to prove that wrongdoing by the government—such as a military rocket that crashed into his living room—caused damage or harm.

In the extremely slim chance a piece of the Long March 5B rocket damages your house, because it’s not government property, your best shot at compensation would be through filing a claim with your homeowner’s insurance.

What's the matter now?

Not so much, at least not yet.

At best, rocket debris finds its way into the ocean and everything ends smoothly. We'll have to wait and find out.

Original Publication on The Planetary Society.